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Home My WebLink AboutMS-11-04 - Decision - 0047 Central AvenueCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING LAWRENCE P. KUPFERMAN- 47 CENTRAL AVENUE MISCELLANEOUS APPLICATION #MS-11-04 FINDINGS OF FACT AND DECISION Lawrence P. Kupferman, hereafter referred to as the applicant, is seeking approval to replace an existing entry stairway with a 4'11" x 7'0" stairway on a non -complying structure (single family dwelling), 47 Central Avenue. The Board held hearings on this application on December 6, 2011 and January 17, 2012. The applicant represented himself. Based on testimony provided at the above mentioned public hearing and the plans ands supporting materials contained in the document file for this application, the Development Review Board, finds, concludes, and decides the following: 1. Lawrence P. Kupferman, hereafter referred to as the applicant, is seeking approval to replace an existing entry stairway with a 4'11" x 7'0" stairway on a non -complying structure (single family dwelling), 47 Central Avenue. 2. The owners of record of the subject property are Lawrence P. Kupferman and Susan E. Schoenfeld. 3. The subject property is located in the Queen City Park (QCP) District. 4. The plan submitted is entitled "47 Central Ave., South Burlington, VT, Proposed Conditions/Measurement," prepared by unknown, dated 1/10/12. Zoning District & Dimensional Requirements: QCP Zoning District Required Existing Proposed �► Min. Lot Size 7500 S.F. 2,500 S.F No change Max. Building Coverage 40% 24% Minor increase Max. Overall Coverage 60% 37% Minor increase �l Min. Front Setback loft 13 ft See below ♦ Min. Side Setback 5 ft. 4 ft No change w► Min. Rear Setback 10 ft. 0 ft. No change Max. Building Height 25 ft. Unknown No change #MS-11-04 w► Pre-existing non-compliance ♦ See below �l Zoning compliance The applicant is seeking approval to replace the existing front steps. Because the principal building is non -complying, the project must be reviewed under 3.11(D) [Alterations to Non - Complying Structures] and 4.08(E), and (F) [Queen City Park District] of the South Burlington Land Development Regulations (SBLDR). In addition, the applicant is seeking determination by the Board that the proposed addition qualifies for a front yard setback exemption under the definition of "setback" in the Land Development Regulations. Should that determination not be made, the project would be subject to Section 3.06(J) [Exemptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974]. Section 3.11 (D) (1) of the Land Development Regulations states that "except as otherwise provided in sub -sections (2) and (3) below, and in Article 4, Section 4.08, Queen City Park District, and in Article 12, Section 12.01(D), any non -complying building or structure may be altered, including additions to the building or structure, provided such alteration does not exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for industrial and commercial property of the current assessed value as determined by the City Assessor and in compliance with Section 3.11(B) above. In the event an addition or an expansion to a building or structure is proposed, the addition or expansion itself must comply with the provisions of these regulations (e.g., setback requirements)': Section 3.11 (D) (2) of the SBLDR's states that 'The thirty-five percent (35%) limitation for residential properties described above shall not apply to structures on lots that were in existence prior to February 28, 1974". This proposed alteration, pursuant to Section 3.11(D)(2) of the SBLDR's is not subject to the 35% limitation described in Section 3.11(D)(1). The applicant is seeking a determination from the Board that the proposed addition qualifies for a setback exemption under the definition of "setback" in the Land Development Regulations. Section 2.02 [Specific Definitions] Setback. The distance from the nearest portion of a structure to any lot line including the street right-of-way. For purposes of this section. a structure shall not include: (A) eaves, sills, pilasters, gutters, leaders, cornices, chimneys, and roof overhangs provided such features do not extend more than two (2) feet from the remainder of the structure; (B) steps to first floor entries provided such features do not extend more than five (5) feet from the remainder of the structure (C) ramps for the disabled, and (D) light poles. [underlining added] The proposed addition extends 4'11" from the remainder of the structure. 2 I #MS-11-04 The definition does not elaborate on what the maximum width of any such steps may be. The Board finds that such an addition should be considered "steps". In some cases, a single step could lead to a 4' long by 7' wide platform that could be considered a deck. In this case, however, due to the elevation of the front door, four steps are required to reach entryway. The platform space is then only 2' in length. The Board is comfortable that this arrangement can be considered steps only. Section 4.08 (F). Non -complying structures. Structures in the Queen City Park District are not subject to all provisions of Article 3, Section 3.11, nonconforming uses and non -complying structures and lots. Non -complying structures shall be subject to the following requirements and restrictions: (1) Any non -complying building or structure may be altered provided such work does not: a. Exceed in aggregate cost thirty-five percent for residential properties and twenty five percent for non-residential properties of the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer, or b. Involve an increase to the structures height or footprint, or otherwise involve an increase to the square footage of the building or structure. Applicants' proposal does not exceed in aggregate cost thirty-five percent of the fair market value. Applicants' proposal does involve an increase to the square footage of the building or structure. Therefore, the non -complying building may not be altered except as allowed by Section 4.08(F) (2) and (3): (2) The Development Review Board may approve any alteration which exceeds the thirty- five and twenty-five percent rule described above or which involves an increase to the structure's height, footprint, or square footage subject to the provisions of Article 14, Conditional Use Review. The Board has evaluated compliance with the criteria in the section of this report titled 'Conditional Use Review' below. (3) In addition to the provisions set forth above, the DRB shall determine that the proposed alteration or expansion will not adversely affect. a. Views of adjoining and/or nearby properties, b. Access to sunlight of adjoining and/or nearby properties, and c. Adequate on -site parking. The Board is comfortable that the proposed steps would not adversely affect the three standards listed above. The height of the stairs are the minimum to reach the front door and no overhead enclosure is proposed. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional #MS-11-04 use shall meet the followina standards: 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. The Board finds that the proposed steps are consistent with the planned character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. According to Section 4.08(A) of the Land Development Regulations, the QCP Zoning District is formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversation of seasonal homes to year round residences. The Board finds that the proposed use is in conformance with the purposes of the district. 3. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed steps will not adversely affect municipal services. (b) The planned character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The Board finds that the proposed steps are consistent with the planned character of the area, as defined by the Comprehensive Plan. (c) Traffic on roads and highways in the vicinity. The proposed alteration will not affect traffic in the vicinity. (d) Bylaws in effect. The Board finds that the proposed addition qualifies for the "steps" setback exemption, as discussed above. (e) Utilization of renewable energy resources. The proposed alteration will not impact adversely the abutting property owner's access to solar energy. 4 #MS-11-04 DECISION Motion by Bill Stuono, seconded by Tim Barrett, to approve Miscellaneous application #MS- 11-04 of Larry Kupferman, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect. 2. The project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall obtain a zoning permit within six (6) months or this approval is null and void. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. Tim Barritt— yea/nay/abstain/not present Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Joe Randazzo— yea/nay/abstain/not present Michael Sirotkin — yea/nay/abstain/not present Bill Stuono — yea/nay/abstain/not present Motion carried by a vote of 5-0-0 Signed this 2"d day of February 2012, by Digitally signed by Mark C. Behr Mark C. Behr Arc cn=Mark C. Behr, o=Richard mark@ hbpc. Behr Architect P.C., ou,email=mark@rhb c com, c=US Date 2012.02.0210.48:30-05'00' Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or httr)://vermontoudiciary.ora/GTC/environmental/default.asi)x for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 5